Main Subject - Internet and Businesses Online

A friend of mine received a chilling email message from his ISP the other day. Someone had reported him as sending SPAM and the ISP warned that an additional SPAM complaint would result in losing his hosting service - period. No ifs, ands or buts!

The ISP just took the word of t

According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product

he person filing the complaint as gospel, even though my friend had the email subscription notification where this person, or someone posing as them, had subscribed.

My friend sent me a copy of the subscription notification. And sure enough, there it was as plain as day… it contai

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

ned the date, time and the subscription IP address of the person making the Spam allegation. Unfortunately, all this evidence fell on deaf ISP ears.

This little incident firms my conviction that a federal CAN- SPAM law might not be a bad idea after all. Without it, persons alleg

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

ing Spam, like the one above, may be able to sue under State law. And that's where the nightmare begins…

Oh sure, the person will most likely end up losing the case but here's the typical situation. The "injured party" files a lawsuit and the ISP immediately shuts off service to

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

the publisher. And guess what, the publisher is immediately out of business even though she/he is sitting there with evidence that the allegation is totally groundless. Talk about scary! And if you think this scenario can't happen to you - think again.

The erroneous reporting o

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

f Spam has become wide-spread and has gotten even easier. Don't like a company or their products? Just accuse them of spam. Do it a couple of times in one week and, guess what, they're off line - period.

AOL and Yahoo owners can simply click a button and report anything they fee

ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc

l like as Spam - with no consequence whatsoever if the allegation is totally baseless. The "This is Spam button" has replaced the delete key as "the" answer for some folks. And I'll bet you'd have a hard time tracking down whomever made the initial AOL or Yahoo Spam complaint as

easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi

ell.

Time to Get Tough

There are several proactive steps you can take to protect yourself against baseless Spam allegations. Admittedly, there is nothing you can do to stop someone bound and determined to damage your reputation and business if they have a mind to do so. You can

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

, however, certainly minimize the risk of this happening to you. But you do have to be proactive.

I recommend that you add a legal notice to your subscription Thank You page and also to every ezine newsletter issue that you send out. Something along the lines of the following…

and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ

"The subscriber agrees, by accepting this email newsletter subscription, to indemnify the publisher against false accusations of spam to include, but not limited to, payment of all damages, loss of web hosting fees and services, all damages for loss of business and goodwill, and an

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

and all fees or fines that may be imposed against the publisher by any federal, state, local authority or civilian business entity as a result of the false spam accusation."

Add the paragraph above, or something similar, just above your ezine unsubscribe link.

The reason I think

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

this is a powerful solution is because it establishes a contract between the publisher and the subscriber. And contract law is pretty much the same in all jurisdictions when it comes to breach of contract.

Please note that what I have provided you is for guidance and information

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

al purposes only and should not be construed as practicing law. Do check with your local attorney to make sure that this statement will suffice in your jurisdiction. But I think you get the idea.

Is this concept new? Hardly, jl Scott of the iCOP organization thought of this over

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

two years ago. Will it scare some of your subscribers off? You bet it will. But guess what…

The people it scares off are exactly the people you DON'T want on your list anyway. They most likely have the itchy moronic fingers or the "I've had a bad day let's accuse someone of Sp

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

m and get them shut down" folks that you don't want to have anything do to with anyway.

Listen, perhaps it's just me, but I wouldn't be fazed in the least if I saw such a caveat on an ezine I really wanted to sign up for. Would you? I only want people on my list who are respons

t?

As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel

ible and willing to accept the consequences of their actions. People who, if they mistakenly accuse me of Spam and got my business erroneously shut down, would face up to their responsibility and pay for the damage they caused. I don't want a Spam Nazi on my list who is too lazy

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

to hit the delete key. No thanks!

Rough? Yes, but that's the reality of doing business on the Internet today.

Other Options Available

Paul Hancox of UpYourMarketing.com has just released a brilliant report that outlines several other steps any prudent publisher online should

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

ake to protect themselves and their online business. It's called "The ePublishers Survival Kit - How to Minimize Spam Complaints and Defend Yourself Against False Spam Accusations."

http://www.writersnest.com/spampro.zip

The report is in pdf format so MAC and WIN users alike can

.

As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de

access the information. Combine these recommendations with those in Paul's report and you'll pretty much be covered.

Final thoughts. I don't have to remind you of how hard you worked to build your online business. Protect yourself and minimize the risk of having it suddenly sh

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

ut down by following the recommendations here and in Paul's free report.

While you can't stop malicious Spam complaints 100%, taking proactive steps now can go a long way to making sure your business remains safe and viable. Believe me, that'll make you sleep much better at night

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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